Loading...
HomeMy WebLinkAbout1995-12-27 P&Z MinutesCITY OF KENAI PLANNING AND ZONING COMMISSION **AGENDA** Council Chambers, 210 Fidalgo December 27, 1995, 7:00 p.m. Chairman Kevin Walker 1. ROLL CALL: 2. APPROVAL OF AGENDA: 3. APPROVAL OF MINUTES: December 13, 1995 4. PERSONS PRESENT SCHEDULED TO BE HEARD: 5. PLANNING: 6. PUBLIC HEARINGS: a. PZ95-61-Variance Permit for Signage-Seventh Day Adventist Church 7. NEW BUSINESS: a. Special Planning & Zoning Commission Meeting 8. OLD BUSINESS: a. Tidelands Lease Application 9. CODE ENFORCEMENT ITEMS: 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. KPB Planning Commission Action from December 11, 1995 meeting b. National Flood Insurance Memo to Council c. Term Letters d. Meeting Calendar & Deadlines for 1996 e. Town Meeting Memo 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: UNAPPROVED CITY OF KENAI PLANNING AND ZONING COMMISSION DECEMBER 27, 1995 MINUTES 1. ROLL CALL: Members Present: Carl Glick, Phil Bryson, Kevin Walker, John Booth, Karen Mahurin Members Absent: Teresa Werner-Quade, Ron Goecke Others Present: Councilman Hal Smalley, City Engineer Jack La Shot, Administrative Assistant Marilyn Kebschull, James Grizzell, and other unidentified citizens 2. APPROVAL OF AGENDA: PHIL BRYSON MOVED FOR APPROVAL OF THE AGENDA AND REQUESTED UNANIMOUS CONSENT. CARL CLICK SECONDED THE MOTION. AGENDA APPROVED BY UNANIMOUS CONSENT. 3. APPROVAL OF MINUTES: December 13, 1995 Chairman Walker asked that approval of the minutes of December 13, 1995 be postponed to the next meeting as pages appeared to be missing in the copies supplied in the packet. Walker asked if anyone opposed. No one opposed. Minutes to be on next agenda. 4. PERSONS PRESENT SCHEDULED TO BE HEARD: 5. PLANNING: 6. PUBLIC HEARINGS: a. PZ95-61-Variance Permit for Signage-Seventh Day Adventist Church CARL CLICK MOVED FOR APPROVAL OF PZ95-61. MOTION SECONDED BY KAREN MAHURIN. Chairman Walker asked for staff comment. Jack La Shot stated that the only additional comment is that this sign is similar in size to one that was existing prior to the Spur Highway project. That sign was non-conforming and since it was removed, the code says you cannot replace anon-conforming sign. That is why the church is requesting a variance permit. Chairman Walker opened public hearing. Mr. Grizzell stated the church would like to have the variance approved noting that the sign that was taken down was the same size as they one they are requesting to put up. Mr. Grizzell noted that this sign would be lighted but that the other sign had also had lighting. Chairman Walker brought item back to the Commission for discussion. Karen Mahurin asked if this was a different sign than the sign that was taken down or if this is the exact sign and they are just asking permission to put the sign back up. Mr. Grizzell stated it is a different sign but it is the same size. Grizzell noted the old sign was eight foot wide by ten foot high and the new sign will be eight foot high by ten feet long, it will be turned sideways. Mahurin asked why the church wanted a sign that large. The pastor of the church responded for visibility so that people driving by can see it. He noted that when he first became the pastor that he missed the church several times because he did not see the sign. He continued noting it is a nice sign and an improvement and that the church would like to be recognized. Chairman Walker asked how far a distance from the road the new sign would be placed. Mr. Grizzell estimated it would be 30 to 35 feet from the actual road bed and 8 to 12 feet behind the property line. Grizzell added that in no way would the sign obstruct any view for traffic traveling either way. Walker noted that would be his concern to make sure that the sign did not in any way obstruct traffic. Grizzell added that the bottom of the sign would be approximately four and a half or five feet off the ground. John Booth stated he seemed to recall reading in the code required that the sign be placed by the city building official. Booth noted he thought that was under section 180. Walker asked if La Shot had a copy of the code. Booth stated that section 180 is the variance code and section 220 the sign code. Booth read under paragraph 7, "The building official shall determine the area of all signs and classify all signs." Booth noted that this may not describe who will place the sign. Booth noted he was incorrect. Walker asked for further discussion or comments. Phil Bryson noted he had contact with the city office concerning interpretation of the area and was told that these signs are not specifically addressed in the code as most items are not. And, administration was interpreting this as being an 80 foot sign with two faces. That was the same area as the prior sign. Bryson stated he will be supporting this permit. Karen Mahurin stated she will be voting no because she believes there is a sign ordinance for a specific reason. Mahurin noted that if it were the same sign that was taken down she would view it differently but she has a problem with the fact that they Planning & Zoning Commission Page 2 December 27, 1995 Minutes are reconstructing a sign with new dimensions. The ordinance does not allow the sign ~ to be put back up. The difference between 32 square feet and 80 square feet is significant. Mahurin reiterated that she would not be supporting this permit. Mr. Grizzell commented that the sign was the same size as the original sign; however, it would be laid on it's side. Chairman Walker stated he understands and shares Commissioner Mahurin's concerns. Walker stated his concern is with the code as it is written and as the code has not been adapted to provide for signage along the Spur Highway in this particular zone. Walker stated he still has a major concern with the amount of setback as it is approximately 30 feet from the highway. Walker stated if it were a greater distance from the highway he would probably support it. Jack La Shot stated that as far as visibility the sign is behind the property line and noted that he estimates a full car length between the property line and the sign. La Shot noted he doesn't think visibility will be a problem. Phil Bryson noted two items concerning the setback. Bryson stated he doesn't know what side of the center line of right of way the highway is being constructed to noting he suspects it is not the center of the right of way and it may be to the south. Bryson stated it is approximately 80 feet from the sign to the edge of the driven surface and he didn't feel a four by eight sign would be adequate to be seen from that distance nor could it be read. VOTE: GLICK YES BRYSON YES BOOTH YES MAHURIN NO WALKER YES MOTION PASSED. 7. NEW BUSINESS: a. Special Planning & Zoning Commission Meeting Chairman Walker stated the question before the Commission is, "Will the Planning & Zoning Commission approve the scheduling of a special Planning & Zoning Commission meeting for January 16, 1996?" Bryson stated that will be a busy week but scheduling the meeting would be okay with him. Mahurin asked if the meeting would be at 7 p.m. and Walker advised yes. Chairman Walker questioned if there would be a conflict with the use of the council chambers. Councilman Smalley stated he did not believe there was a conflict but Ms. Kebschull could verify that with the city clerk. Smalley commented that this item had came up at council and that council was Planning & Zoning Commission Page 3 December 27, 1995 Minutes going to first of all request that the Planning & Zoning Commission change their meeting to that night. Smalley stated he had commented that he didn't think that would be a good idea and after further discussion the special meeting was discussed. Smalley noted that when the discussion took place the rest of the council was present and they are members of other boards and commissions and no conflicts were noted. Walker noted that if a conflict arises that perhaps the meeting could be held in the library conference room. Meeting scheduled for January 16, 1996 at 7 p.m. 8. OLD BUSINESS: a. Tidelands Lease Application Ms. Mahurin asked Chairman Walker if he wished to deal with each lease separately or as a group. Walker noted that would be up to the maker of the motion. Walker noted that the business was entitled "Tidelands Lease Application." Walker advised Ms. Mahurin before answering her question he would like to ask administration to explain the question on the back of the packet information. Jack La Shot noted that the report from Kim Howard explains the situation and that the only question before the commission tonight is if the use falls within that permitted under the zoning ordinance for anon-zone in Kenai. La Shot noted this has historically been fished for years and years. La Shot added his personal opinion is that the use does fall with that permitted in a non-zone and a similar use as allowed by other agencies. La Shot stated that the Commission did not have to discuss who may be leased the land, that would be up to council. Chairman Walker asked Ms. Mahurin if her question was to deal with these separately or together. Walker asked if she wished to deal with them together and Ms. Mahurin responded yes. KAREN MAHURIN MOVED FOR APPROVAL OF THE INTENDED USE OF THE PERMITS UNDER THE ZONING ORDINANCE. MOTION SECONDED BY PHIL BRYSON. Walker asked if there were any further staff comments. None noted. Walker asked if anyone in the public wished to speak to the item. None noted. Phil Bryson reiterated La Shot's statement that the code is essentially silent in the area requested for leasing and also the proposed use is one that has been traditional for many years in that area. Bryson stated he will be supporting the motion as he feels it is appropriate. Planning & Zoning Commission Page 4 December 27, 1995 Minutes ~ Walker stated he had one comment noting he does not like the formula the city utilizes for the lease applications in these areas, he does fully support this particular use of this property. Walker added that he felt it was in the correct zone and he will be supporting the motion. VOTE: BRYSON YES BOOTH YES MAHURIN YES GLICK YES WALKER YES MOTION PASSED. 9. CODE ENFORCEMENT ITEMS: 10. REPORTS: a. City Council Councilman Smalley noted that the Commissioners had a copy of the agenda in their packets with notations on it. Smalley stated that he had a report from the library showing 12,811 actual, active card users. The library has over 14,000 cards out. October use of the library itself was 7,368 and November was 6,014. Walker asked if these are different users or repeats? Smalley stated that all were different and he had a copy of the report showing where the users reside, etc. (Report given to Walker.) Walker asked if Smalley happened to know how many square feet the library is? Smalley asked La Shot who stated he thought around 17,000 but noted he was guessing. Smalley reported that James McCubbins a student from Kenai Central High had spoke to the council. He is working on his Eagle Scout project. This was going to be done a couple years ago and then was postponed. The council is going to assist with an amount not to exceed $1,000 for a sign on the north end of town. Dick Hultberg spoke to council on whether the city had ordinances concerning the placement of advertisement flyers on windshields in parking lots, etc. A great deal of garbage results from these flyers. Smalley reported that the administration will be recommending an ordinance before too long dealing with this type of advertisement. Under resolutions, Items 3, 4, & 5 were tabled. Item 3 was tabled because it was felt that the city would have been making electrical outlets available for some of the employees at the airport at city expense when in fact there are some electrical outlets Planning & Zoning Commission Page 5 December 27, 1995 Minutes at other parts of the airport terminal for airport employees at lessee expense. The city did not want to create a situation of supplying a service to some employees at city expense. Smalley reported that there will be power in the shelter being built for the airport manager and other city employees. Resolution 95-80 dealt with the highway project and it was tabled for a rewrite. The project list sent by the state identified a lot of different highway projects that are ongoing as Kenai projects when in fact they are from other areas on the Kenai Peninsula. Smalley stated the Keith Kornelis will be contacting the state and properly identifying the locations of these areas. In addition, regarding the prioritization of the projects, resolutions will be developed requesting several projects be given priority number one. Smalley gave an example of the pedestrian/bike trail being a priority one and yet the widening of the road is listed as a priority three. The fish initiative was tabled and will be brought back on the 17th. Smalley stated there was a concern about the proper allocation of the fisheries and the document will be rewritten. Councilman Smalley noted that under New Business, Item 5, Alaska Municipal League membership dues had just about doubled and had risen from around $900 to almost $1900. Smalley added that this is a phase and when it reaches full development it may cost as much as $6600 and is not sure that the council will be willing to pay that amount. The Department of Health & Social Services Health Center lease was approved. Smalley noted that the city will be encouraging DHSS to develop other space for the Health Center. The center has 1147 square feet leased. Council held a discussion about policy change for use of Leif Hanson Memorial Park. Smalley stated that administration is to develop a new policy for types of events that should be held at the park. If food is served, those functions may be held at the park strip corridor at the ball park. Smalley noted the concern being that some past functions have had a large number of people with children who climb on the memorial plantings, trash, etc. Councilman Smalley advised that the council chose not to act on participation in the National Flood Insurance. Discussion by the council concerned Item 1.4 which talked about potential restrictions on development along the river corridor. Council also passed a resolution regarding Anglers Acres for the state to help stabilize the banks in that area. Smalley added that during discussion of the flood damage it was stated that damage was more a result of erosion than from the flood itself. Chairman Walker asked Smalley to explain this. Smalley stated that the reimbursement for damages that the city had applied for through FEMA were the result of erosion. The damage on private property in Anglers Acres was probably a combination of erosion and flood. Smalley explained that when the water was high it eroded the bank itself and the Planning & Zoning Commission Page 6 December 27, 1995 Minutes bank dropped off. Smalley added that the flooding of the river occurred more on the upper river. La Shot added that the flood had accelerated the natural erosion. b. Borough Planning Phil Bryson advised that the Borough Planning Commission had not met since his last report. c. Administration Jack La Shot commented that the newspaper article regarding the Spur Highway project had been misleading and that the current project will be completed. La Shot added that some other projects have had their prioritization changed. 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. KPB Planning Commission Action from December 11, 1995 Phil Bryson explained that this was a situation wherein the plat had not been filed and the surveyor requested additional time to file. Jack La Shot noted that the city routinely receives these reports from the borough and in the future they will be included in the packets to advise the Commission of borough action. Bryson added that the borough approves all plats for one year and for that for approval to stay valid an extension must be requested. Bryson noted that unless there has been some major change in the right of way in the area or a need for a change, they are commonly approved for an extension. a. National Flood Insurance Memo to Council b. Term Letters Chairman Walker encouraged Commissioners to contact the City Clerk with their response to the clerk's letter. a. Meeting Calendar & Deadlines for 1996 b. Town Meeting Memo Planning & Zoning Commission Page 7 December 27, 1995 Minutes 13. COMMISSION COMMENTS & QUESTIONS: Ms. Mahurin stated she would urge that the council be prudent in supporting resolutions for commercial or sport fisheries. Mahurin stated she felt the city should remain impartial. Regarding the Leif Hanson Park, Mahurin stated that the Kenai River Festival, which was a large group, was a wonderful use of the area. There was food and the next day the park was clean. Mahurin stated she would urge the city to look very carefully before amending policy as to who would be allowed to use the park. Smalley noted there is a statement in the policy that the administration may approve activities at the park. Chairman Walker asked that prior to the next meeting that the P.A. system be repaired. Walker noted there is a high frequency noise that is very disturbing. 14. ADJOURNMENT: CARL GLICK MOVED FOR ADJOURMENT. MEETING ADJOURNED AT APPROXIMATELY 7:45 P.M. Resp ctfu y Submitted: !` Marilyn Kebschull Administrative Assistant Planning & Zoning Commission Page 8 December 27, 1995 Minutes